Rules of Practice and Procedures

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§ 1-07 Special Order Calendar (SOC)

§ 1-07.1 Subject Matter

The Special Order Calendar (SOC) consists of the following types of applications:

  1. Applications related to previous grants:

    1. Amendment: Applications may be filed on the SOC calendar for amendments to: (1) a pre-1961 use grant pursuant to ZR §§ 11-412 or §§ 11-413, (2) a pre-1961 bulk grant, (3) a post-1961 variance pursuant to ZR §§ 72-01 or §§ 72-22 , (4) a post-1961 special permit pursuant to ZR §§ 73-01 or §§ 73-04, or (5) a transient parking waiver. Amendments may include but are not limited to changes to the Board-approved plans or resolution.

      If, in the course of further review of the application or during a hearing, the Board determines that the scope of the application is major, it may request that a new application be filed on the BZ calendar with additional information and analyses provided. Before filing the application, an applicant may request, in writing, a determination by the Chair regarding whether the application may be appropriately filed on the SOC calendar.

    2. Extension of Term: Applications may be filed on the SOC calendar for extensions of term related to previous grants where the term is specified in the Zoning Resolution or specified as a condition in the Board's resolution, with respect to applications involving: (1) a pre-1961 use grant pursuant to ZR § 11-411, (2) a pre-1961 bulk grant, (3) a post-1961 variance pursuant to ZR §§ 72-01 and 72-22, (4) a post-1961 special permit pursuant to ZR §§ 73-01   and 73-04, or (5) a transient parking waiver.

    3. Extension of Time: Applications may be filed on the SOC calendar for extensions of time to complete construction or obtain a certificate of occupancy related to previous grants, where the time is specified in ZR §§ 72-23 or 73-70 or specified as a condition in the Board's resolution with respect to applications involving: (1) a pre-1961 use grant, (2) a pre-1961 bulk grant, (3) post-1961 variance, (4) a post-1961 special permit, or (5) a transient parking waiver.

      Notwithstanding paragraphs (1) through (3) above, applications related to previous grants may also be filed as a new variance or special permit on the BZ calendar.

  2. Other actions related to applications or cases: The following actions will be heard on the SOC calendar but are not subject to the regulations of this section. For more information regarding these actions, see § 1-12 of these Rules.

    1. Dismissal: applications by the Board for the purpose of dismissal for lack of prosecution or jurisdiction, or if moot.
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    2. Reargument: requests for reargument of a previous case which was denied, dismissed, or approved.

    3. Rehearing: requests for rehearing of a previous case which was denied, dismissed, or withdrawn.

    4. Board Review of Decision: cases the Board restores to the calendar for the purpose of reviewing or reconsidering previous Board decisions.

    5. Compliance: cases the Board restores to the calendar for the purpose of determining whether to revoke or modify a previous grant if the terms and conditions of such grant have been violated.

    6. Court Remand: cases that a court orders to be restored to the calendar. In its discretion, the Board may elect to hear such cases on the BZ or Appeals calendars, as appropriate.

  3. Other: all other actions under the Board's jurisdiction not otherwise described by these Rules.

§ 1-07.2 SOC Form

All applications must be made on the SOC Form and must be accompanied by all the information required by such form and related instructions.

§ 1-07.3 Filing Period

The application filing procedure is as follows:

  1. Amendment: All applications for amendments filed pursuant to § 1-07.1(a)(1) of these Rules must be filed within thirty (30) days from the date of the agency determination which is the subject of the application.

  2. Extension of Term: All applications for extensions of term filed pursuant to § 1-07.1(a)(2) of these Rules may be filed on the SOC calendar as follows:

    1. Within one (1) year before or thirty (30) days after the expiration of term: All applications filed within one (1) year before or thirty (30) days after the expiration of term may be filed on the SOC calendar.

    2. More than one (1) year before or less than two (2) years after the expiration of term: All applications filed more than one (1) year before or less than two (2) years after the expiration of term may be filed on the SOC calendar, provided that the applicant requests a waiver under this paragraph in the application. In the request for a waiver, the applicant must demonstrate that the use has been continuous since the expiration of term, and substantial prejudice would result without such a waiver.

    3. More than two (2) years after but less than ten (10) years after the expiration of term: All applications filed more than two (2) years after but less than ten (10) years after the expiration of term may be filed on the SOC calendar or BZ calendar, as follows: 

      1. Applications for pre-1961 use grants, filed pursuant to ZR § 11-411 may be filed on the SOC calendar, or on the BZ calendar as a reinstatement, provided that in either case the applicant requests a waiver under this subparagraph in the application. In the request for a waiver, the applicant must demonstrate that the use has been continuous since the expiration of term, and substantial prejudice would result without such a waiver.

        Before filing, an applicant may request, in writing, a determination by the Chair of whether an application may be filed on the SOC calendar or on the BZ calendar as a reinstatement. If the application is filed as a reinstatement, the application will be subject to § 1-05 et seq. of these Rules.

      2. Applications for pre-1961 bulk grants or post-1961 variances and special permits, where the grant is limited to a term that is specified only as a condition in the Board's resolution, may be filed on the SOC calendar as an amendment to modify such term or condition provided that the applicant requests a waiver under this subparagraph in the application.

      3. Applications for an extension of term of a transient parking waiver may be filed on the SOC calendar provided that the applicant requests a waiver under this subparagraph in the application.

      4. Applications for post-1961 special permits where the grant is limited to term as specified in the Zoning Resolution, must be filed as a new special permit on the BZ calendar.

    4. More than ten (10) years after the expiration of term: All applications filed more than ten (10) years after the expiration of term must be filed as a new variance or special permit on the BZ calendar, with the following exceptions:

      1. Applications for pre-1961 use grants filed pursuant to ZR § 11-411 may be filed on the BZ calendar as a reinstatement in accordance with § 1-05 et seq. of these Rules provided that the applicant requests a waiver under this subparagraph in the application. In the request for a waiver, the applicant must demonstrate that the use has been continuous since the expiration of term, that substantial prejudice would result without such a waiver, and that the use permitted by the grant does not substantially impair the appropriate use and development of adjacent properties.

      2. Applications for pre-1961 bulk grants that are not filed pursuant to ZR § 11-411 or post-1961 variances and special permits, where the grant is limited to a term that is specified only as a condition in the Board's resolution may be filed on the SOC calendar as an amendment to modify such term or condition provided that the applicant requests a waiver under this subparagraph in the application.

      3. Applications for an extension of term of a transient parking waiver may be filed on the SOC calendar provided that the applicant requests a waiver under this subparagraph in the application.
      See Appendix C for a summary of the filing period and calendar for extension of term applications.

  3. Extensions of Time to Complete Construction: All applications for an extension of time to complete construction filed pursuant to § 1-07.1(a)(3) may be filed on the SOC calendar as follows:

    1. Within one (1) year before or within thirty (30) days after the expiration of the time to complete construction: All applications filed within one (1) year before or within thirty (30) days after the expiration of the time to complete construction may be filed on the SOC calendar.

    2. More than one (1) year before or less than two (2) years after the expiration of the time to complete construction:  All applications for an extension of time to complete construction which are filed more than one (1) year before or less than two (2) years after the expiration of time may be filed on the SOC calendar provided that the applicant requests a waiver under this paragraph in the application.

    3. More than two (2) years after but less than four (4) years after the expiration of the time to complete construction: Applications filed more than two (2) years after but less than four (4) years after the expiration of time for pre-1961 use and bulk grants or transient parking waivers, where the time is specified only as a condition in the Board's resolution, may be filed on the SOC calendar as an amendment to modify such time period provided that the applicant requests a waiver under this paragraph in the application.

      Applications for an extension of time to complete construction for post-1961 variances or special permits may be filed on the SOC calendar provided that the applicant requests a waiver under this paragraph in the application.

    4. More than four (4) years after the expiration of the time to complete construction: Applications filed more than four (4) years after the expiration of time for pre-1961 use and bulk grants or transient parking waivers, where the time is specified only as a condition in the Board's resolution, may be filed on the SOC calendar as an amendment to modify such time period provided that the applicant requests a waiver under this paragraph in the application.

      Applications for an extension of time to complete construction for post-1961 variances or post-1961 special permits must be filed as a new variance or special permit on the BZ calendar.

  4. Extensions of Time to Obtain a Certificate of Occupancy: All applications for extensions of time to obtain a certificate of occupancy pursuant to § 1-07.1(a)(3) may be filed on the SOC calendar as follows:

    1. Within one (1) year before or thirty (30) days after the expiration of the time to obtain a certificate of occupancy: All applications filed within one (1) year before or thirty (30) days after the expiration of the time to obtain a certificate of occupancy may be filed on the SOC calendar.

    2. More than one (1) year before or more than thirty (30) days after the expiration of the time to obtain a certificate of occupancy: Applications filed more than one (1) year before or more than thirty (30) days after the expiration of time may be filed on the SOC calendar, provided that the applicant requests a waiver under this paragraph in the application.
    See Appendix D for a summary of the filing period and calendar for extension of time applications.

§ 1-07.4 Application Referral

In accordance with § 1-10.6   of these Rules and within three (3) business days after filing the application with the Board to be heard on the SOC calendar, the applicant must forward a copy of all application material to:

  1. the affected community board(s) (and borough board, if applicable);

  2. the affected borough president;

  3. the affected city council member;

  4. the administrative official who issued the determination; and

  5. the City Planning Commission.

After forwarding all application material, the applicant must provide proof of service to the Board in accordance with § 1-10.7 of these Rules.

Applications for an extension of time are not subject to the requirements set forth in this subsection.

See Appendix A for a summary of all application referral requirements.

§ 1-07.5 Community Board Review

Within sixty (60) days after receipt of an application filed on the SOC calendar, the affected community board may hold a public hearing and submit a written recommendation on such application to the Board, or may waive in writing the holding of a public hearing. If a borough board is involved, within thirty (30) days after the submission of a recommendation or waiver by every community board in which the subject property is located, or after expiration of the time allowed for such community boards to act, the borough board may hold a public hearing and submit a written recommendation to this Board or may waive a public hearing. In accordance with § 1-10.6 of these Rules, the community board(s) or borough board will be deemed to have received an application on the day of personal delivery or five (5) calendar days after the date of the mailing of the application.

Following receipt of a recommendation or waiver from the affected community board(s) (and borough board, if applicable), or following the expiration of the time period for their review, the Board will hold a public hearing on the application and make a decision. The Board may, in its discretion, include in the record the recommendations of the affected community board(s) (or borough board) even if the recommendations are received after the applicable time period has expired.

§ 1-07.6 Hearing Notice

After the examiners have determined the application to be substantially complete, the Board will provide the applicant with the hearing notice and related forms at least thirty (30) days before the first scheduled hearing date. In accordance with § 1-10.6 of these Rules, the applicant must forward a copy of the hearing notice and related forms at least twenty (20) days before the first scheduled hearing date to:

  1. the affected community board(s) (and borough board, if applicable);

  2. the affected borough president;

  3. the affected city council member; and

  4. the City Planning Commission.

After forwarding the hearing notice and forms to the proper entities, the applicant must provide proof of service to the Board in accordance with § 1-10.7 of these Rules.

Applications for an extension of time are not subject to the requirements set forth in this subsection.

See Appendix A for a summary of all hearing notice requirements.

§ 1-07.7 Revised Application and Additional Submissions

If, at any time, an applicant for an Amendment or an Extension of Term filed on the SOC calendar provides the Board with a revised application and/or additional submissions, the applicant must within three (3) days submit a copy of the revised application and additional submissions to the affected community board(s) (and borough board, if applicable), affected borough president, affected city council member, and the City Planning Commission. The applicant must submit a cover letter to the Board identifying the contents of the submission and note the entities which have been forwarded copies of the submission required by this subsection.

If, after the community board's sixty (60) day review period, the applicant makes a substantial revision to the application, the Board, in its discretion, may consider any additional recommendations by the affected community board(s) (and borough board, if applicable), affected borough president, affected city council member, and the City Planning Commission, provided that the recommendations are related to the subject revisions and are submitted to the Board before the hearing is closed.

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